STIPULATION AND [PROPOSED] ORDER (1) ENTERING CONSENT JUDGMENT and (2) PERMANENT INJUNCTION
Hon. Jeffrey S. White ("GRUNDFOS"), and defendant, Laing Thermotech, Inc. ("LAING"), jointly submit this stipulation requesting an Order from this Court (1) entering a final consent judgment in this action and (2) a permanent injunction against any further infringement 6 by defendant of plaintiff's patent rights.
Pursuant to Northern District Civil Local Rules 7-1(a)(5) and 7-12, as well as Fed.R.Civ.P. 58 and 65, Plaintiff, Grundfos Pumps Manufacturing Corporation
This is a patent infringement action commenced on August 6, 2007 by GRUNDFOS against defendant LAING involving two patents. The patents-in-suit relate generally to water control valves and pumps for use in home or industrial water distribution systems that supply water to various fixtures at different temperatures through different pipe systems. More specifically, the patented technology relates to such water control valves that are adaptable for use with a pump and bypass valve so as to bypass cold or tepid water away from the associated fixture until it reaches the desired temperature.
LAING has manufactured, used, sold, and offered for sale in the United States its AUTOCIRC2 SYSTEM which incorporates a water pump and bypass valve combination, and provided installation and operating instructions to purchasers of that system. GRUNDFOS alleges that the LAING AUTOCIRC2 SYSTEM infringes the patents in suit. has replied to the LAING counterclaim.
stipulation and stayed this litigation for ninety (90) days while the parties pursued 3 further settlement discussions (Doc. 21). GRUNDFOS and LAING have now reached an agreement to resolve this matter by the entry of a consent final judgment and permanent injunction. A stipulation to 6 that effect and proposed order are set out below. respective attorneys of record that:
over the subject matter of this patent infringement action.
On October 26, 2007, the Court entered a preliminary injunction order by STIPULATION REGARDING CONSENT JUDGMENT AND PERMANENT INJUNCTION
IT IS HEREBY STIPULATED, by and between the parties, and through their
(1) this Court should enter a consent final judgment incorporating the following:
a) This Court has jurisdiction over GRUNDFOS and LAING, as well as
b) Venue is proper in this Court.
c) LAING acknowledges and admits that U.S. Patent Nos. 6,536,464 and 7,073,528 are owned by GRUNDFOS and are valid and enforceable in all respects, including with respect to any future litigation, with regard to any products or parties and for all purposes.
d) LAING acknowledges and admits that its manufacture, use, sale, and offer for sale in the United States of its ...